phisheep said:
llewdebkram said:
Surely you would have to have the ToS pop up and the unregistered user agree to them before the site was even displayed to even argue that they are enforceable.
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*places legal hat on*
Not necessarily. There are other ways of doing it - same as the way you get landed with a whole load of terms and conditions you never heard of when you buy a railway ticket or a plane ticket.
It's all a bit slippery on the internet though, and the law isn't all that well developed, and developing differently in different places. It's possible that without payment none of it is enforceable anyway, for example, at least in common law countries. And it isn't necessarily a good thing to make it more contractual, because then you end up with the chance of being on the wrong end of a lawsuit.
It is muddy as hell.
*removes legal hat because fed up of wearing it today*
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I imagine legally a lot of websites ToS are complete rubbish anyway and more about what the website owner really wants rather than what they can legally enforce.
A bit like the signs that say 'we take no responsibility for your car in our car park, coat in cloackroom or shoes at our skating rink.'
The truth is they don't want to be liable or be seen to be liable but in law the signs mean absolutely nothing and they are in many cases indeed liable.
'No ball games' put up by a council is another one, it's also not legally enforceable.
'No refunds, our policy is to give a credit note' is also rubbish, in most cases they legally have to give a refund if the goods are faulty or not fit for purpose.